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1984 Supreme(All) 529

R.M.SAHAI, J.N.DUBEY
Committee Of Management, Gokul Das Hindu Girls College, Moradabad, Through Its Manager, Shri Ranchor Das – Appellant
Versus
District Magistrate, Moradabad – Respondent


Advocates appeared:
Sunil Gupta

JUDGMENT

J.N. DUBEY, J.

1. WHEN this writ petition was presented on 5th September, 1984 by the Committee of Management, Gokul Das Hindu Girls College, Moradabad, against order dated 26-7-1984 passed by the Director of Education in exercise of power under section 13 of the Higher Education Service Commission Act, 1980 (hereinafter referred to as the Act) the Bench entertaining the petition directed the petitioner to serve opposite party no. 3 and permitted her to file counter-affidavit. It stayed operation of order dated 26th July 84 and 14th August 84 by which District Magistrate had directed the petitioner to pay salary of opposite party no. 3 as Principal since 10-8-1984.

2. COUNTER and rejoinder affidavits have been exchanged.

Having heard counsel for the parties it does not appear that petitioner can be granted any relief under Article 226 of the Constitution.

3. ADMITTEDLY opposite party no. 3 who had been working as a Sanskrit teacher in the college was selected by the Services Commission and recommended for appointment as a Principal of the college. Under section 14 of the Act the management is required within a period of one month from the date of receipt of recommendation o




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